Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - No evidence what so ever adduced by complainant to prove the actual lending of money and due execution of cheque - Held, Court below is perfectly justified in finding that preponderance of probabilities lies in favour of the case advanced by defence - Case put forward by the..........
Agreement to Sell -- Specific performance - Limitation period - Specific date stipulated for execution of sale deed in agreement to sell - Defendant failed to execute sale deed on stipulated date in terms of agreement - Held, cause of action arose on stipulated date - Suit filed after expiry of more than three years from accrual of cause of action - Suit barred by..........
Civil Procedure Code, 1908, Section 15 -- Jurisdiction to deal with subject matter - Non raising of objection as to - Effect - Held, even if a party may not have raised the point that Court does not have jurisdiction to decide the subject matter of dispute and ultimately suffers an order or a decree, such order/decree is a nullity and that its invalidity may be raised..........
Contract Act, 1872, Section 126 -- Bank guarantee - Equitable mortgage - Denied by defendants - Defendants contended that bank fabricated all the documents by utilizing the signed blank papers taken from them by the bank - Defendants admitted forwarding of title deeds but pleaded that those were only for scrutiny but for what purpose not explained - Utilization of blank..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to further suit - Applicability - Earlier suit filed by appellant for declaration and injunction - Execution of agreement of sale denied by respondent - Even after denial, appellant neither amended his plaint incorporating relief of specific performance nor filed separate suit - Held, subsequent suit filed for specific..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Execution of decree - Judgment debtors sought permission to deposit requisite amount within prescribed period - Ready with requisite amount - Delay by Executing Court in granting permission for depositing the said amount - There was no delay by JD in depositing the requisite amount U.O.21.R.89 CPC - Held, Executing Court..........
Civil Procedure Code, 1908, Section 44A(2), Order 21, Rule 22 -- Execution of decree - Superior courts of reciprocating territory - Held, a Distt. Court which is empowered to execute decree can also execute decrees of any of the superior courts of any reciprocating territory - Decree may be executed on its certified copy being filed in a Distt. Court - Thereafter, it..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Accused had no case that she had issued a blank cheque to complainant and that he had filled up the particulars - She remained satisfied with mere denial of transaction - Held, it is for accused to explain as to how complainant came into possession of cheque drawn on her account..........
Civil Procedure Code, 1908, Section 115 -- Jurisdiction of execution Court - Revision - Maintainability - Judgment debtors raised fundamental question regarding jurisdiction of execution Court in trying to execute the decree - The questions are pure questions of law, viz., the locus standi and the question of limitation - Held, they fall within the purview of S.115 CPC as..........
Civil Procedure Code, 1908, Section 146 -- Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, 92, 2(18) - Religious institution - Representative suit - Execution petition - Held, judgment debtors cannot resist execution petition on the ground that the decree holders do not have locus standi to lay execution petition where suit admittedly..........
